Oranga Tamariki Act 1989
Children’s and Young People’s Well-being Act 1989

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Definition of child or young person in need of care or protection

14 Definition of child or young person in need of care or protection

(1)

A child or young person is in need of care or protection within the meaning of this Part if—

(a)

the child or young person is being, or is likely to be, harmed (whether physically or emotionally or sexually), ill-treated, abused, or seriously deprived; or

(b)

the child’s or young person’s development or physical or mental or emotional well-being is being, or is likely to be, impaired or neglected, and that impairment or neglect is, or is likely to be, serious and avoidable; or

(ba)

the child is a subsequent child of a parent to whom section 18A applies, and the parent has not demonstrated to the satisfaction of the chief executive (under section 18A) or the court (under section 18C) that he or she meets the requirements of section 18A(3); or

(c)

serious differences exist between the child or young person and the parents or guardians or other persons having the care of the child or young person to such an extent that the physical or mental or emotional well-being of the child or young person is being seriously impaired; or

(d)

the child or young person has behaved, or is behaving, in a manner that—

(i)

is, or is likely to be, harmful to the physical or mental or emotional well-being of the child or young person or to others; and

(ii)

the child’s or young person’s parents or guardians, or the persons having the care of the child or young person, are unable or unwilling to control; or

(e)

in the case of a child of or over the age of 10 years and under 14 years, the child has committed an offence or offences the number, nature, or magnitude of which is such as to give serious concern for the well-being of the child; or

(f)

the parents or guardians or other persons having the care of the child or young person are unwilling or unable to care for the child or young person; or

(g)

the parents or guardians or other persons having the care of the child or young person have abandoned the child or young person; or

(h)

serious differences exist between a parent, guardian, or other person having the care of the child or young person and any other parent, guardian, or other person having the care of the child or young person to such an extent that the physical or mental or emotional well-being of the child or young person is being seriously impaired; or

(i)

the ability of the child or young person to form a significant psychological attachment to the person or persons having the care of the child or young person is being, or is likely to be, seriously impaired because of the number of occasions on which the child or young person has been in the care or charge of a person (not being a person specified in subsection (2)) for the purposes of maintaining the child or young person apart from the child’s or young person’s parents or guardians.

(2)

The persons referred to in subsection (1)(i) are as follows:

(a)

any person who has custody of the child or young person pursuant to the order of any court, whether or not that court is a court within the meaning of this Act:

(b)

any person who has the child or young person in that person’s care—

(i)

pursuant to an agreement under section 139 or section 140 or section 141 or section 142; or

(ii)

for the purpose of adoption, and the requirements of section 6 of the Adoption Act 1955 are being complied with:

(c)

any person who is caring for the child or young person in—

(i)

any residential accommodation provided for children or young persons attending a registered school within the meaning of the Education Act 1989:

(ii)

a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001.

Compare: 1974 No 72 s 27(2); 1977 No 126 s 7(1)

Section 14(1)(ba): inserted, on 30 June 2016, by section 7 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 14(1)(ba): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 14(2)(c): replaced, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).